ANGOLA Law and Practice Contributed by: José Miguel Oliveira, António Caxito Marques, Caio de Mello Ferreira and João Saiago Canjeque, VdA
translation. However, documents cannot be filed elec - tronically. Security Despite the judge being free to decide otherwise, usually no security is required. Whenever the court asks the claimant to provide a security deposit, it will generally correspond to the amount of the claim. The security may be deposited in any form considered acceptable by the court, including cash deposits or bank guarantees. 5.6 Arresting Bunkers and Freight Bunkers and freight may be arrested, as determined by the relevant Civil Procedure Code provisions. On similar terms as other provisional procedures, the claimant is required to demonstrate the likelihood of its right or credit, and the risk that it will lose security for its credit if the arrest is not ordered. 5.7 Sister-Ship Arrest Articles 2 and 3 of the Brussels Convention estab - lish that the vessel that originated the maritime claim, as well as any other associated vessel or sister-ship owned by the same person(s), may be arrested by the claimant. However, in disputes regarding the title to, or ownership of, the ship, and disputes between co-owners as to the ownership, possession, employ - ment, earnings, mortgage or hypothecation of a spe - cific ship, associated vessels cannot be arrested. Outside of the Brussels Convention, sister-ships may only be arrested when the owner is personally liable for the debt. 5.8 Other Ways of Obtaining Attachment Orders Apart from ship arrest, security may only be obtained when the debtor is personally liable for the claim through the attachment of any other property owned by the debtor. 5.9 Releasing an Arrested Vessel Pursuant to Article 5 of the Brussels Convention, the vessel must be released upon sufficient bail or other security being furnished, save those arrests in respect of any of the maritime claims regarding disputes as to the title or ownership of the ship, or in disputes
between co-owners of the ship as to the possession, employment or earnings of any vessel. In such cases, the court may permit the person in possession of the vessel to continue trading it, upon such person fur - nishing sufficient bail or other security. Outside the Brussels Convention, the vessel will also be released if security is provided in the form and amount deemed sufficient by the court. As previously mentioned, the security may be depos - ited in any form considered acceptable by the court, including cash deposits or bank guarantees. Both under and outside the Brussels Convention, the • in the event the main claim is not commenced within 30 days – or a different time period estab - lished by the court when the claim is subject to the jurisdiction of a foreign court – from the arrest being ordered, or where the claim has had no developments for a period of more than 30 days for reasons imputable to the creditor; • where the main claim is definitively dismissed; • where the main claim is upheld but the debt remains outstanding and the creditor does not initiate enforcement proceedings within six months from the claim being definitively upheld, or where the claim has had no developments for a period of more than 30 days for reasons imputable to the creditor; or • where the credit ceases to exist. Although not common, courts have already accepted clubs’ letters of indemnity as security. 5.10 Procedure for the Judicial Sale of Arrested Ships Procedure Usually, the judicial sale of arrested ships requires that a new enforcement proceeding is initiated by the cred - itor before the competent court. Once the application is lodged, the court will notify the debtor to settle the claim or offer its opposition, as well as notify any other interested parties, such as secured creditors. vessel shall also be released: • upon payment of the debt;
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